Wishom v. Roberts

Type

Opinion of the Court

Author

David M. Ebel

Filed

Feb. 6, 2002

Case

Wishom v. Roberts

Case status

Decided

The first passage of the document, as extracted by the source provider.

ORDER AND JUDGMENT * EBEL, Circuit Judge. ORDER On January 2, 2002, Petitioner Wishom filed a Petition for Rehearing challenging an order and judgment we entered on December 12, 2001. Although we find most of the grounds raised in Wishom’s petition unpersuasive, we believe he is correct in arguing that because the district court granted him leave to proceed in forma pauperis on December 6, 2001, that issue was moot and should not have been addressed in our December 12 order. Consequently, we grant the Petition for Rehearing in part, withdraw our December 12 order and judgment, and issue the attached order and judgment. On April 2, 2000, Kansas officials arrested Donnie L. Wishom, the Petitioner Appellant, for violating his probation in Kansas Case No. 99CR855, and on April 21, 2000, a Kansas court revoked Wishom’s probation. 1 (Mag. Order Rec. at 3.) The next day, April 22, 2000, Kansas authorities arrested Wishom for aggravated es *339 cape, a crime for which Wishom was “ultimately convicted.” (Id.) On October 12, 2000, a Kansas court sentenced Wishom to eighteen (18) months in prison for his probation violation and thirteen (13) months in prison for his aggravated escape convicti…

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